[2018]DLHC9310 • July 27, 2018 • High Court
ALS MINERALS/GEOCHEMISTRY vs. OWERE MINES LIMITED
The plaintiff company, ALS Minerals/Geochemistry, filed a legal action for recovery of debts against the defendant, Owere Mines Limited. The plaintiff had appointed Global Debt Trackers as its attorney via a power of attorney to institute and defend legal actions related to debt recovery. However, a witness statement was filed on behalf of the plaintiff by Godfrey Owusu Ansah, the plaintiff's Chief Accountant, which the defendant challenged on the basis that the power of attorney had not been revoked and thus only the appointed attorney could act on behalf of the plaintiff.
read moreThis ruling is in respect of a preliminary legal matter raised by counsel for the defendant. Counsel for the defendant has taken aim at the witness statement given and filed by one Godfrey Owusu Ansah who described himself as the Chief Accountant of the Plaintiff company. The said statement was given on behalf of the Plaintiff company. Counsel’s objection is that the since the plaintiff company has given a power of attorney to Global Debt Trackers to institute this action on its behalf and the said power of attorney has not been revoked, Godfrey Owusu Ansah as an officer of the company cannot testify on behalf of the company. Counsel cited the case of Kofi Oduro v Cynthia Okyere (2014) 69 GMJ 108 to 109 and submitted that since there is no limitation on the authority of the attorney to act and no provision is made in the power of attorney for the plaintiff to act while the instrument is still in existence, it is wrong for the plaintiff to act through its officer. He therefore invite.....